This sample special motion to strike for California is also known as an anti-SLAPP motion and is made pursuant to Code of Civil Procedure section 425.16 on the grounds that the lawsuit filed against the defendant or cross-defendant be stricken as it is a SLAPP suit and that the lawsuit arises from an act or acts of the defendant in furtherance of the their right of petition or free speech under the United States or California Constitution in connection with a public issue. The term SLAPP is an acronym for a strategic lawsuit against public participation. The sample on which this preview is based is 12 pages and includes brief instructions, memorandum of points and authorities with citations to case law and statutory authority, a sample declaration and proof of service by mail.

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Any Attorney or Party
Any Street
Any Town, CA 55555
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714-555-5555
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Any Attorney or Party
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Superior Court of the State of California
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For the County of _________________
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Any Plaintiff,
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Plaintiff,
vs.
Any Defendant, and DOES 1-5
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Defendants.
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Case No.
MOTION AND NOTICE OF HEARING ON
SPECIAL MOTION TO STRIKE COMPLAINT
FOR _________________; MEMORANDUM OF
POINTS AND AUTHORITIES; DECLARATION
OF __________; EXHIBITS
DATE:
TIME:
DEPT:
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TO ALL INTERESTED PARTIES AND THEIR ATTORNEYS OF RECORD:
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PLEASE TAKE NOTICE that on _______________ at ________.m. or as soon thereafter as
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the matter may be heard in Department ____ of the above-entitled court located at
_______________________________, ______________ will and hereby does move this Court
for an order pursuant to Code of Civil Procedure § 425.16 striking SPECIFY HERE IF THE
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WHOLE COMPLAINT OR CERTAIN CAUSES OF ACTION. The motion will be made on the
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ground that the cause(s) of action alleged against the defendant arise(s) from an act of the defendant
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in furtherance of the defendant's right of free speech under the United States or California
Constitution in connection with a public issue and that such right will be chilled if the
SPECIFY HERE IF THE WHOLE COMPLAINT OR CERTAIN CAUSES OF ACTION is
allowed to stand and plaintiff is allowed to continue prosecuting it.
This motion will be based on this notice of motion, the attached points and authorities, the
declaration of ____________________, and Exhibits, and upon such oral and documentary evidence
as may be presented by the moving party at the time of the hearing.
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DATED: ______________________
LAW OFFICES OF SAMPLE ATTORNEY
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By_______________________________________
Attorney for _____________________
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MEMORANDUM OF POINTS AND AUTHORITIES
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I.
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STATEMENT OF FACTS
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This case arises from DESCRIBE CASE HERE SUCH AS BREACH OF CONTRACT,
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TORT, ETC.
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Plaintiff’s complaint contains causes of action for LIST ALL CAUSES OF ACTION.
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Defendant(s) contend that the SPECIFY HERE IF THE WHOLE COMPLAINT OR
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CERTAIN CAUSES OF ACTION should be stricken on the grounds that the cause(s) of action
alleged against the defendant arise(s) from an act of the defendant in furtherance of the defendant's
right of petition and/or free speech under the United States or California Constitution in connection
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with a public issue and that such right will be chilled if the SPECIFY HERE IF THE WHOLE
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COMPLAINT OR CERTAIN CAUSES OF ACTION is allowed to stand and plaintiff is allowed
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to continue prosecuting it.
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Defendant contends that the following acts were made in furtherance of their right of petition
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and/or free speech under the United States or California Constitution in connection with a public
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issue, LIST HERE IN DETAIL EXACTLY WHAT ACTS YOU ALLEGE WERE MADE IN
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FURTHERANCE OF YOUR RIGHTS. See the declaration of ________ and Exhibits attached
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thereto concurrently filed and served herewith and incorporated herein by reference.
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Be sure to modify these paragraphs to suit your individual
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situation. Do NOT just use the wording here unless it definitely applies
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to your particular situation.
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II.
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ARGUMENT
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A.
THE COURT SHOULD STRIKE SPECIFY WHAT SHOULD BE STRICKEN HERE
SUCH AS WHOLE COMPLAINT OR CAUSES OF ACTION BECAUSE DEFENDANT'S
CONSTITUTIONAL RIGHT[S] OF PETITION AND FREE SPEECH WILL BE CHILLED
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IF IT IS ALLOWED TO STAND AND PLAINTIFF IS ALLOWED TO CONTINUE
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PROSECUTING IT
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Defendant contends that the lawsuit filed by plaintiff is a strategic lawsuit against public
participation (SLAPP) and that the court should strike LIST HERE WHETHER THE ENTIRE
COMPLAINT OR CERTAIN CAUSES OF ACTION SHOULD BE STRICKEN on the grounds
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that their right of free speech under the United States or California Constitution in connection with a
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public issue and that such right will be chilled if the SPECIFY HERE IF THE WHOLE
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COMPLAINT OR CERTAIN CAUSES OF ACTION is allowed to stand and plaintiff is allowed
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to continue prosecuting it.
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A cause of action against a person arising from any act of that person in furtherance of the
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person's constitutional right of petition or free speech in connection with a public issue is subject to a
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special motion to strike unless plaintiff establishes that there is a probability that plaintiff will prevail
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on the claim. See Code Civ. Proc. § 425.16(b). Code of Civil Procedure § 425.16 is to be construed
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broadly. See Code Civ. Proc. § 425.16(a).
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To view the sample document on which this preview is based visit:
http://www.scribd.com/doc/202483403/Sample-Special-Motion-toStrike-for-California
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